DOCK CONTRACT.

Evening Post, Volume LXXXIII, Issue 74, 27 March 1912, Page 8

DOCK CONTRACT.

•■ ,» ; APPEAL CASE "ffITCAITHLY v. M'LEAN AND . son. . : : ft - Very lengthy legal argument is be3ng heard in the appeal case, Pitcaith]y and Co. v. John M'Lean and Son, in {he Court of Appeal. t'The question was whether respond'«nts were bound to purchase all. the sand and gravel required for the completion of the dock .contract, whether £he latter was finished or not. • The.Bench was occupied by Mr. Justice Williams, "Mr. Justice Edwards, and Mr. Justice Chapman. : Mi. H. D. Bell, K.C., and Sir John Kindlay, X.C, with them Mr. D. S. -v smith, appeared for appellant company, 2nd Mr. C. B. Morison, with him Mr. !A. W. Blair, for respondents. -> In the- course of his opening address, Mr- Bell argued" (1) that there was a - general principle ' governing •• all subcontrQcts, which contemplated the confinuarice and completion of {he siain contract-; and (2) that the terms of this particular subcontract were such as ;£> mean -that while the contractors (Pit&ithly and Co.) were bound to supply all the sand and gravel required in. the construction of the dock, so tho ■employerA- (M'Lean. . and Son) were to take all the sand and gravel jequired for 3h& j completion of their contract, whether the dock was comgletjad or not. • SvV "John Findlay argued that tlie words in clause 2 of the agreement, betwean the parties, "required in connection "with the concrete work," really meant "required by the specifications." These two phrases were equivalent, and if "required. • by the specifications" were meant, then M'Lean and « Son ifrfir« bound to order the whole amount of hhd smateriaL *- v - ' "• ■ - - • - I Mr. Mprispn *. remarked, -that Mr. i Bell's argiiifient'assumed that the agreeijhent was a sub-contract, but he would endeavour to show that it was a main contract to 'supply 6and and gravel as acquired -up to a- specified maTrirnmn This was a reasonable and efficacious frangemenf, ' and was frequently enred into. /* ■ . v ■ . Mr. Blair also addressed the Court, ifnd Mr: Bell 'replied.- - fJTheir Honours reserved their decif- ' 7 . .